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MEDEL statement on Romanian Judiciary

MEDEL

MEDEL issued a statement today on the situation in Romania. 

MEDEL a publié aujourd'hui un déclaration sur la situation en Roumanie.

MEDEL learned with great concern about the statements and opinions expressed by high-ranked officials of the Romanian Government and of the governing political parties regarding a decision of a last instance court concerning the case known as “the 10th of August”. Statements that vehemently refuse to accept a definitive court decision and command the Minister of Justice to find solutions to re-discuss a case already decided in court are inacceptable in a democracy that prides itself in upholding the rule of law.

MEDEL recalls that courts must decide exclusively based on juridical criteria, and not considering the political consequences of its decisions, and reminds that criticism of judicial decisions is normal and essential in any democratic society, but politicians must exercise it within the limits of the separation of powers and not putting in peril the independence of the Judiciary, as stated in the final part of article 10, § 2 of the European Convention of Human Rights.

MEDEL recalls its previous statements regarding Romania, in which it called on the Romanian Government to fully respect the independence of the judiciary (especially in what regards to the independence of judges to decide freely and shielded from any pressures, either from within or outside the system), taking into account the opinions and the recommendations of the international institutions, mainly the European Commission.

MEDEL took notice and supports the document in which the National Union of Judges in Romania calls for the political parties to respect the international standards and limits of freedom of expression when a decision of the courts is involved, because both the independence of the judicial system and the trust of the Romanian society in that system depend on maintaining such high standards.

11 March 2021

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